| THE PEOPLE V DAVID KITCHING |
| Motion No: KA 12-01988 |
| Slip Opinion No: 2012 NY Slip Op 90292(U) |
| Decided on November 13, 2012 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-01988
Indictment No: 2011-0616-3
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DAVID KITCHING, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered January 24, 2012,
Now, upon reading and filing the affidavit of David Kitching sworn to October 16, 2012, the notice of motion with proof of service thereof, the affidavit of Eric B. Jeschke, Esq. sworn to October 30, 2012, the statement of James P. Maxwell, Esq. dated November 5, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and David Kitching is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before December 13, 2012.
Entered: November 13, 2012
Frances E. Cafarell, Clerk